Contractual Agreement

handshake

TERMS AND CONDITIONS

 

  1. ACCEPTANCE OF TERMS
  • 1 – Your access to and use of http://www.emergencyplumbernearby.co.uk (“the Website”) and the Services (defined below), are subject exclusively to these Terms and Conditions.
  • 2 – You agree not to use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
  • 3 – By using the Website or the Services you are fully accepting the Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website or the Services.
  • 4 – EMERGENCY PLUMBER NEARBY reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website or the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
  • 5 – EMERGENCY PLUMBER NEARBY may update the Website from time to time, and may change the content at any time.
  • 6 – By accessing or using any part of the Website or the Services, or submitting a form to become a registered user of the Website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the Website or the Services.
  • 7 – EMERGENCY PLUMBER NEARBY do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted.
  • 8 – You are responsible for making all arrangements necessary for you to have access to the Website.
  • 9 – Your access to the Website is permitted on a temporary basis only.
  • 10 – EMERGENCY PLUMBER NEARBY may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
  • 11 – EMERGENCY PLUMBER NEARBY will not be liable to you for any reason if the Website is unavailable at any time or for any period.
  • 12 – You fully understand the terms in front of you.
  1. DEFINITIONS
  • 1 – “EMERGENCY PLUMBER NEARBY” means EMERGENCY PLUMBER NEARBY of 15 Albini Way, Wymondham, Norfolk, NR18 0UE.
  • 2 – “Services” means the finding or locating of a Contractor to visit the Client’s property.
  • 3 – PCI – DSS (Payment Card Industry – Data Security Standard).
  • 4 – “Client” means any individual or body using and paying for the Services
  • 5 – “Contractor” means an Electrical, Plumbing, Heating or Gas Engineer whose details are provided to the Client by EMERGENCY PLUMBER NEARBY.
  • 6 – “Deposit” means a sum of money paid either by cash, PayPal, card or bank transfer which takes effect immediately as soon as it’s paid due to the service EMERGENCY PLUMBER NEARBY give.
  • 7 – “ETA” means estimated time of arrival.
  • 8 – “Imputation” means the attributing of a particular action to a source.
  • 9 – “Terms” means Terms and Conditions.
  • 10 – “Understand” means understand the terms and all content that you read by EMERGENCY PLUMBER NEARBY and also includes:-
  • 10.1 – “Understood” and “Understanding” are interpretations of the word understand.

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  1. QUOTATIONS, ESTIMATES & PAYMENTS
  • 1 – The person paying for the Services is the Client and must be at least 18 years of age.
  • 2 – Any Deposit is paid before the booking and is non-refundable subject to the provisions of clause 6.2.
  • 2.1 – All Deposits paid to EMERGENCY PLUMBER NEARBY will cover a call out fee only; and
  • 2.2 – The labour cost is paid directly to the Contractor and will be calculated from the time that the Contractor arrives at the door of the premises. The time of arrival will be judged on evidence given.
  • 2.3 – A cooling off period will only take effect if the Deposit is in relation to a non-emergency service and there is at least 24 hours’ notice.
  • 2.4 – If non-emergency services are provided within 14 days of the initial Deposit being paid the Client will sign an authorisation waiving any relevant rights under cancellation regulations.
  • 3 – When paying over the phone EMERGENCY PLUMBER NEARBY will use a secure payment system by using Paypal.
  • 4 – Clients should make payment to the Contractor upon end of first visit unless agreed otherwise with the Contractor.
  • 4.1 – The method the Client should use to make payment to the Contractor will be by cash, card, PayPal or bank transfer.
  • 4.2 – The Contractor may in certain circumstances agree to accept payment within 7 days of the Services being provided and will give to the Client an invoice upon completion of the Services requesting payment by bank transfer within 7 days thereof.
  1. WORK, DELIVERY, POLICY & NOTICE
  • 1 – EMERGENCY PLUMBER NEARBY will request Contractors to attend at a Client’s premises within 2 hours of a booking being made and Deposit received. In the event that a Contractor is unable to comply with this timeframe they will provide the Client with notice of a revised ETA and a 30 minute allowance will be given.
  • 2 – If the Contractor arrives before the appointment time and the Client is not at the premises then the Contractor cannot charge for any waiting time that results. Once the appointment time has passed the Contractor can charge once the Client has failed to arrive at the premises for 1 hour.
  • 3 – If the Client is unable to attend the premises at the appointment time then the Client must let the Contractor or EMERGENCY PLUMBER NEARBY know by e-mail (to cancel@Emergency Plumber Nearby.) or by replying to the text message received advising of the appointment time.
  • 4 – If the Contractor attends the premises where the Services are to be provided at the appointment time and the Client fails to allow entry for 1 hour an invoice for 1 hours’ labour will apply and must be paid within 7 days.
  • 5 – If the premises have no number then an additional 10 minutes allowance will be given to enable the Contractor to locate the address and in the event that the premises are more than 500 metres from the address given then a reasonable time allowance will be applied depending on the circumstances of a particular booking.
  • 6 – If EMERGENCY PLUMBER NEARBY is given an incorrect address the Client may lose their call-out deposit fee and a further Deposit may need to be paid subject to the discretion of the Contractor.
  • 7 – For non-emergency work 24 hours’ notice needs to be given and a Deposit paid. Non-emergency work will be carried out between Mondays and Fridays from 8:00 a.m to 4:00 p.m on an hourly rate. Free estimates or quotations can be provided via e-mail subject to sufficient description being provided via e-mail at EMERGENCY PLUMBER NEARBY’s discretion.
  • 8 – It is the Client’s responsibility to contact any Contractor who fails to attend a premises where Services have been booked and it is not the responsibility of EMERGENCY PLUMBER NEARBY to check that the Contractor has arrived.
  1. DISCLAIMER
  • 1 – Although we make an effort to ensure Contractors whose details we provide are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies organisations and associations and that the information we had is accurate, the information is compiled from details supplied to us from the Contractors and we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any services or goods supplied to Clients through our Service.
  • 2 – The provision of a Contractor’s details does not necessarily imply our approval of the tradesmen, suppliers or companies.
  • 3 – We accept no liability for any transactions which take place between you and Contractor whose details we have provided.
  1. Cancellations, refunds & notices
  • 1 – A Client can cancel a booking by e-mail to emergencyplumbernearby@gmail.com or by replying to a text received from EMERGENCY PLUMBER NEARBY confirming the terms of a booking.
  • 2 – For non-emergency bookings a cancellation by a Client can be made up to 24 hours before the Services are to be provided.
  • 3 – EMERGENCY PLUMBER NEARBY is not obliged to refund any monies paid by a Client prior to a booking being cancelled under condition 6.1 or 6.2 above.
  • 4 – EMERGENCY PLUMBER NEARBY can cancel a booking if it deems it reasonable to do so and will refund in full the Deposit in such circumstances.
  • 5 – Any refunds will be made by the same method as payment was made originally or by such other alternative method as is agreed with the Client.
  • 6 – In relation to Paypal payments once a payment is captured and a refund is in process the Client should receive Deposit monies back within 4 working days although the policy of specific banks does vary and Clients should allow up to 10 working days for any refund to appear in their account.
  • 7 – In circumstances where the Contractor is en route to the Client’s premises when a cancellation is effected an inconvenience fee of £30.00 may at EMERGENCY PLUMBER NEARBY’s discretion be paid to the Contractor from the call out fee paid by the Client.
  1. CONTRACTS, DUTIES & RESPONSIBILITIES
  • 1 – The contract with EMERGENCY PLUMBER NEARBY is to provide the Client with a Contractor who is a competent engineer capable in the reasonable opinion of EMERGENCY PLUMBER NEARBY of providing the Services.
  • 2 – The duties of EMERGENCY PLUMBER NEARBY are to send the Client’s details to the Contractor either by e-mail or by text which will include :-
  • 2.1 – Job descriptions;
  • 2.2 – Client names;
  • 2.3 – Authorisation of first hour’s costs;
  • 2.4 – Client’s contact number and e-mail address;
  • 2.5 – Job and billing address; and
  • 2.6 – ETA.
  • 3 – The Contractor is only authorised to carry out the first call by EMERGENCY PLUMBER NEARBY and is authorised up to the first hour’s labour. If the Contractor was to go over the first hour, further authorisation will be needed.
  • 4 – It is the responsibility of the Contractor to attend within the time provided by EMERGENCY PLUMBER NEARBY as per the ETA given at the time of the e-mail or text.
  • 5 – The Contractor is responsible for :-
  • 5.1 – the work the Contractor provides; and
  • 5.2 – any damage caused by the Contractor resulting from the provision of the Services.
  1. COMPLAINTS PROCEDURES
  • 1 – We always prefer complaints to be dealt with reasonably between the Client and Contractor but where a resolution cannot be reached a complaint MUST be made in writing by email to martin@Emergency Plumber Nearby. by stating the invoice reference number from EMERGENCY PLUMBER NEARBY or the transaction ID. By including the Client’s name, date, address and contact number, (preferably mobile). We may still be able to find your details but you MUST make your complaint in full.
  • 2 – The complaint MUST be readable and we will endeavour to respond to any complaint made.
  • 3 – Any complaint made has to be made in writing to EMERGENCY PLUMBER NEARBY at 40 Royds Close, Tottington, Bury, BL8 3QD marked for the attention of Martin Smith and to the Contractor at such address as the Contractor has provided to the Client and MUST not be made by any electronic or social media.
  • 4 – Once a complaint is received it will be forwarded to the Contractor who will be asked to respond within 7-14 days. EMERGENCY PLUMBER NEARBY will use all reasonable endeavours to assist the Client in resolving any dispute with the Contractor and will provide such advice to the Client (such as details of the Trading Standards contact number 03454040506) as is reasonable in the circumstances.
  • 5 – Please note that EMERGENCY PLUMBER NEARBY are not responsible for any complaints made between the Client and the Contractor in question, however, we are happy to assist in order to try to reach a resolution.
  1. BOOKING BY FORM/PHONE
  • 1 – If booking by form on the EMERGENCY PLUMBER NEARBY website we will attend the address provided and the deposit MUST be paid immediately after filling in the form. Once an online booking is complete, the Client MUST telephone EMERGENCY PLUMBER NEARBY to inform them of the booking so that the job can be allocated to one of the Contractors. An online booking may not be actioned if a follow up phone call is not made.
  • 2 – If booking by phone, an employee of EMERGENCY PLUMBER NEARBY should answer the phone by the greetings of the member of staff’s name and they will ask for the job postcode, nature of problem and will explain the rates and if the Client has heard the rates correctly. It is the responsibility of the Client to understand the terms before booking.
  • 3 – It is the responsibility of the Client to acknowledge the terms, however EMERGENCY PLUMBER NEARBY will send a text that gives the Client a link to the terms aftercare and remind the Client what the Client has agreed to.
  1. STAFF & CONTRACTORS
  • 1 – Contractors are either employed by an alternative company or are self- employed.
  • 2 – Sean Reilly is employed by EMERGENCY PLUMBER NEARBY and if Sean undertakes the work of a Contractor, then Contractor terms will apply to Sean Reilly.
  • 3 – The gas safe registration number for Sean Reilly is 617292.
  • 4 – The standard text we send every Contractor is as follows: Job details; Client’s name; authorised Labour costs for first hour only plus materials; contact; address; post code; email address; ETA of address: By accepting this job, you acknowledge the Client above will be paying you at the end of the first call as explained in the terms https://emergencyplumbernearby.co.uk/contractual-agreement
  1. ENGINEERS AND CONSUMER/CLIENTS
  • 1 – Any work booked outside the agreement of EMERGENCY PLUMBER NEARBY is between the Client and the Contractor responsible or the company the Contractor is employed by and not EMERGENCY PLUMBER NEARBY.
  • 2 – The Contractor is responsible for the first hour’s work that EMERGENCY PLUMBER NEARBY agree to.
  1. CONTACT
  • 1 – To contact EMERGENCY PLUMBER NEARBY, please visit the link at the bottom of the website called Contact.
  • 2 – Contact page includes all business phone numbers, e-mail addresses and address details if you require to send a letter.
  • 3 – EMERGENCY PLUMBER NEARBY duties are to provide employees contact details or/and Contractors details if requested by email to emergencyplumbernearby@gmail.com
  1. GUARANTEE AND WARRANTY
  • 1 – EMERGENCY PLUMBER NEARBY do not guarantee the attendance of a Contractor within the time stated due to unforeseen circumstances.
  • 2 – If the work that is carried out on a fixture that has not been maintained as stated in the manufacturer’s warranty, then the Contractor may not be able to guarantee the work completed.
  • 3 – Some appliance and some fixtures require annual maintenance. If the Contractor was to work on a given job and to deem the work fair but annual maintenance had not been carried out the Contractor may not be able to guarantee the work completed.
  • 4 – If the appliance is new, then a minimum warranty by the Contractor may be given as long as the original installation of the appliance does not affect the warranty.
  • 5 – Any complaint concerning the service provided by the Contractor should be addressed to the Contractor directly.
  • 6 – With any emergency that is causing damage to property then the objective is to make safe and get further authorisation from EMERGENCY PLUMBER NEARBY or the Contractor to commerce further work, but for the contract to go through EMERGENCY PLUMBER NEARBY, the Client should get direct authorisation for further work directly with EMERGENCY PLUMBER NEARBY and not the Contractor.
  1. INDEMNITY
  • 1 – EMERGENCY PLUMBER NEARBY is a company that provides Contractors as quickly as possible and works on behalf of the Client but cannot guarantee that Contractors will attend to Clients within the time stated due to unforeseen circumstances. EMERGENCY PLUMBER NEARBY do not provide compensation for the Contractor failing to turn up on time and the Contractor is responsible for his own work from the arrival to the completion of the work.
  1. – LIABILITY, DEFAMATION, MEDIA
  • 1 – As the Client has agreed to these terms the Client is liable for any loss or damage caused by the Client to EMERGENCY PLUMBER NEARBY or the Contractor resulting from any material written and distributed or published on media, social media and review sites regarding the service of the Contractor or EMERGENCY PLUMBER NEARBY.
  • 2 – We advise any negative content should be dealt with by verbal communication between the Contractor or Emergency Plumber Nearby and if the negative content can’t be dealt with by verbal communication the Client MUST communicate any negative reviews by using the complaint procedure and give a reasonable time of 7 days to reply and where an investigation is on-going, the Contractor has 7 days to reply to Emergency Plumber Nearby and Emergency Plumber Nearby has a further 7 days once the Contractor replies to respond to the Client.
  1. ADDITIONAL WORK
  • 1 – Any work carried out after the first hour of a call-out is classed as additional work which MUST be agreed between the Client and the Contractor. This may be a person who acts on behalf of the Client and is the responsible occupant or responsible person at the time.
  • 2 – EMERGENCY PLUMBER NEARBY is only responsible to act upon details given by the job description during the first hour of the emergency.
  1. MATERIALS
  • 1 – As far as EMERGENCY PLUMBER NEARBY is aware, all materials belong to the Contractor and remain the property of the Contractor until paid for in full.
  1. PRICE PLAN & DESCRIPTION
  1. COPYRIGHT
  • 1 – All content on the EMERGENCY PLUMBER NEARBY website belong to EMERGENCY PLUMBER NEARBY and must not be used outside the website unless authorised by Sean Reilly, the proprietor of EMERGENCY PLUMBER NEARBY, in writing.
  1. PRIVACY POLICY
  • 1 – Any confidential or financial information belonging to a Client will be handled in accordance with the PCI – DSS standards and guidelines.
  • 2 – The type of details shared between the Client, EMERGENCY PLUMBER NEARBY and Contractor are Job details, Client, Authorised costs, contact numbers, email addresses, Job address, meeting address, correspondence address and billing address.
  • 3 – If the Client does not want EMERGENCY PLUMBER NEARBY to share certain details as in clause 20.2 this must be put in writing to Sean at emergencyplumbernearby@gmail.com and this will have to be confirmed back to the Client with confirmation that certain details will not be given to the engineer if deemed reasonable.
  • 4 – Details explained in clause 20.2 will be shared with the aftercare team and will not be forwarded to any other third party.
  1. CHANGES
  • 1 – All terms can be subject to change at any time without notice unless it is reasonable to explain old terms otherwise, however it is reasonable for a Contractor to pull up old terms if new terms are younger than 3 months.
  • 2 – New terms will include the date of the new terms and will be included and take effect within 24 hours for new Clients and new Contractors and for Contractors that have been registered with EMERGENCY PLUMBER NEARBY longer than 3 months, the Contractor can use terms older than 3 months and will be in order on the history terms page where the newer the terms, the higher it will be in the content of the terms history page saving the Contractor going through the complete terms every time the Contractor excepts the terms.
  • 3 – The new terms will state date of being implemented to save any complaints of accusations in regards to the terms were changed upon a complaint to suit EMERGENCY PLUMBER NEARBY.